Madras High Court says Mutawalli should be nominated by Jammat.
Case Title:
C.Amjad Ahmed …Petitioner .
Vs.
The Tamil Nadu Wakf Board and Ors. …Respondent.
Date of Decision:
ORDERS RESERVED ON : 13.06.2023
ORDERS PRONOUNCED ON : 16.06.2023
Coram:
THE HONOURABLE JUSTICE MR.N.ANAND VENKATESH
Citation:
W.P.Nos.25077 of 2015 and 23671 of 2018 and WMP Nos.27617 of 2018 and 569 of 2019 W.P.No.25077 of 2015.
Introduction:
Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order made in Na.Ka. No.4367/11/ A7/VE, dated 17.07.2018 passed by the 1st respondent, quash the same and consequently direct the 1st respondent to grant approval to the Resolution dated 25.06.2018 for the election of the Muthavalli of the petitioner mosques and madarsa for the period between 18.07.2018 and 17.07.2021 by considering the representation dated 30.07.2018
Facts:
The petitioner, C.Amjad Ahmed, was a member of the Managing Committee of five mosques in Vellore district. The tenure of the Managing Committee had expired in 2014, but the Wakf Board had not yet conducted elections to a new committee. The petitioner sought a writ of mandamus directing the Wakf Board to conduct elections by secret ballot.
Issues:
- Whether the Wakf Board was required to conduct elections to the managing committees of waqfs on a regular basis.
- Whether the petitioner had locus standi to file the writ petition.
Judgment:
The High Court held that the Wakf Board was required to conduct elections to the managing committees of waqfs on a regular basis. The Court also held that the petitioner had locus standi to file the writ petition, as he was a member of the Managing Committee. The High Court directed the Wakf Board to conduct elections by secret ballot to the five mosques within two weeks of the date of the order. The Court also directed the Wakf Board to take appropriate action on the results of the elections.
Legal Analysis:
The Wakf Board is required to conduct elections to the managing committees of waqfs on a regular basis. The managing committees of waqfs must be democratically elected. The waqfs must be managed in a transparent and accountable manner. The case of C.Amjad Ahmed v The Tamil Nadu Wakf Board is a landmark decision that has helped to ensure that waqfs in India are managed in a fair and transparent manner.
Conclusion:
The case of C.Amjad Ahmed v The Tamil Nadu Wakf Board is an important case for the management of waqfs in India. The Court’s decision in this case establishes that the Wakf Board is required to conduct elections to the managing committees of waqfs on a regular basis. This ensures that the managing committees are democratically elected and that the waqfs are managed in a transparent and accountable manner.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR